OHI/ED/SED IEP denied

We provided some very compelling evidence our son needs an IEP. All the testing the school did SHOWED he does meet the requirement for an IEP for OHI, but denied the request entirely because he did not need all the requirements for ED/SED - we specifically asked for accommodation for any or all categories.

We are requesting an IEE, but may opt for a 504 to run concurrent to the IEE, make a final decision after the results are back.

Of course, his high academics were the primary reason for denial, and since his behavior is different NOW v when we requested the evaluation, they feel his current behavior is enough to warrant denial to set him in a structured environment to prevent the behaviors from resurfacing.

The fact that we are just starting the school year and he is still in the predatory phase doesn't have any impact. He is still feeling out which teachers he can manipulate. We did get it in writing that he MUST be observed eating lunch. He throws the sack lunch away then obsesses over 'friends' lunches, often mooching from them for their food. This WAS observed by the school psychologist on several occasions. She never saw him eat lunches he was sent to school with - that's because I continue to find these lunches rotting in various areas of his room or under his bed.

In most areas of the testing, the cut that was considered at risk, his scores were within just a few points, all being very consistent with his qualifying for ED, like horseshoes and hand grenades, close enough didn't cut it.

To ensure his assignments are graded appropriately, it's in writing that assignments must be turned in as assigned, graded according to syllabi standards, late work will never be given full credit and neither will poor quality work. He knew who he could manipulate to cry and give a sob story to and those teachers would take the work and give him full credit even if piss poor or way past deadline.

This was the first evaluation/IEP meeting in 20 years that was at capacity for attendees. We asked for the meeting to be recorded. Previous phone conversations with the assistant superintendent proved to us that he is not a man of his word, so all communication will be in writing and all phone calls will be followed up in writing. This particular gentlemen seems to think charter schools are above state and federal law. Every time I have him incorrect, he continues to persist in the grandiose idea that he can skirt laws, try to find loopholes, or think that I know nothing of Special Education laws and can be bullied. Boy, is he wrong. He also needs to stop violating my son's rights in emails - doesn't he know an email is a legal document?

The biggest problem is that conduct disorders in the state of California do not qualify a child for emotional disturbance IEP. Even though my son was clearly identified as qualifying under both OHI and ED, they were very adamant that he did not qualify for an I EP because any behaviors associated with his diagnoses are not manifesting at this time and his academics are through the roof.

Another autism Society board member is a professional in the neuroscience community. He also does IEE reviews. The way my sons evaluation report was written they used specific language that identified there's a potential for need but did the cover their ass thing to make sure it wasn't anything he could get right now. Our son's psychopathy is a timebomb. We cannot predict when he's going to blow. The refusal to give him an IEP not only jeopardizes my son's IDEA & FAPE, but it also places every single other student on campus teachers and staff in danger. The doctor that reviewed the evaluation even told me unless my son is somehow covered by a 504 if he were to act out, The lack of the IEP sets us up for a lawsuit.

And I am by no means a warrior; I think at the very least I can perhaps refer to myself as a potential survivor. But somebody has got to step in and do the fighting and I also recognize my having special knowledge about these laws and the schools skirting everything and assuming or pretending I'm an idiot means other parents who aren't educated about advocating and protecting their children are probably getting the same or even worse misinformation altogether.

We may be forced just to go through our health insurance and have our son placed in a locked school facility. The way we live our life day to day is walking on egg shells and knowing the Powderkeg underneath our feet can go off at any second.

I'm wondering if I could get a volunteer to go over our reply to the school? We were sent a letter asking us to confirm we were not happy with the evaluation and wanted an IEE.

There were a series of questions, if answered directly as asked, that would contradict our objections to look as if we did agree. Rather than answer or initial where prompted, I've spent over a week pouring over emails, im, phone logs and messages and conferring with the psychiatric and therapist about issues brought to them as they occurred at school.

I discovered that all official documentation of any manifestations was stopped after we requested our son be evaluated. Oddly, he was suspended a couple weeks later, but that's not in his official record. I was asked to pick him up from school. All the proof we have is the incoming phone call and my having to pick him up, however, our son did discuss these incidents with his therapist and psychiatrist, the manifestation, impulses, behavior and consequences. I have to believe that's enough to prove they deliberately stopped anything and everything that would have corroborated our insistence he have an IEP.